YAGER PONTIAC v. DANKER & SONS


28 A.D.2d 61 (1967)

Yager Pontiac, Inc., Appellant, v. Fred A. Danker and Sons, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 28, 1967.


Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris (John T. DeGraff, John E. Holt-Harris, Jr., and Margrethe R. Powers of counsel), for appellant.

Francis H. Trombly for Fred A. Danker and Sons, Inc. and others, respondents.

GIBSON, P. J., REYNOLDS, STALEY, JR., and GABRIELLI, JJ., concur.


HERLIHY, J.

The plaintiff commenced this action by a complaint seeking a judgment that it has a perpetual easement and right of way over a certain strip of land owned by Fred A. Danker and Sons, Inc. and seeking damages for deprivation of the use of such easement.

On February 2, 1948, Frederick A. Danker and his wife executed a warranty deed to Robert K. Danker, Frederick A. Danker, Jr., Elizabeth N. Danker...

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